A sign and a building are seen along a busy highway near the Ohkay Travel Center in Ohkay Owingeh, New Mexico. Photo by Indianz.Com (CC BY-NC-SA 4.0)

Law

All charges dropped in road rage homicide case at Ohkay Owingeh

Friday, April 12, 2019

A federal judge has granted a motion to dismiss all charges in connection with a homicide at Ohkay Owingeh in northern New Mexico.

Phillip Glock, a 53-year-old tribal citizen, was shot and killed on January 5 in what federal prosecutors called a road rage incident. But they have since concluded that they would be unable to convict defendant Dennis Velasquez, Jr. "beyond a reasonable doubt," a motion filed on February 22 stated.

That same day, Magistrate Judge Laura Fashing granted the motion to dismiss charges of murder, discharge of a firearm during a crime of violence and a violation of the General Crimes Act. The charges were dismissed "without prejudice," meaning Velasquez could still face charges in connection with the crime at a future date.

The U.S. Attorney’s Office declined to comment about the case when asked by The Santa Fe New Mexican, which was the first to report on the dismissal of the charges.

In an affidavit, FBI Agent Michelle A. Cobb describes how she used evidence from a cell phone, along with information provided by a witness, to track down Dennis Velasquez, Jr., who was accused of murder at Ohkay Owingeh in northern New Mexico.

The incident occurred on a busy highway that runs through the reservation. According to documents filed in federal court, it originated in a dispute between Glock and Velasquez while both were in the parking lot at the Ohkay Travel Center, which is owned by the tribe.

According to an affidavit submitted FBI Agent Michelle A. Cobb, Glock was driving his pickup truck along with two of his other children -- ages 12 and 10 -- at the time of the incident. He was shot after he exited his truck to confront another vehicle, one in which Velasquez was a passenger.

The second vehicle was being driven by Velasquez's father, according to the affidavit. His mother was also a passenger.

When interviewed by the FBI agent, Velasquez's father said his son "didn't shoot to kill the man, but wanted to scare him."

Though both of Velasquez's parents acknowledged being in the car and witnessing the shooting, they admitted they drove away from the scene, according to the affidavit. His father said it was because he didn't have a phone to call 911, adding that he "didn't trust Indian cops."

The family instead drove back to their home in Gallina, which is a remote community about 57 miles north of the Ohkay Travel Center. That's where Velasquez, who is non-Indian, was arrested, according to news reports from the time.